Terms of Service
1. Description of Services
The terms and conditions contained herein (“Terms of Service”) are applicable to the online streaming video and related media content and distribution services provided to a community of users through a website located at https://americasboatingchannel.com, and related AMERICA’S BOATING CHANNEL domains; sub-domains; mobile, laptop, desktop, television, and other internet-connected device applications; and AMERICA’S BOATING CHANNEL branded presences on social media networks including, but not limited to, YouTube, Instagram, Facebook, Twitter, LinkedIn, and others (collectively, “the Services”). The Terms of Service govern your use of the Services, including all functionalities, features, video and audio streaming, images, visual graphics, animations, written media, website links, user interfaces, and all other content and software associated with the Services as provided by AMERICA’S BOATING CHANNEL (the “Company”).
2. Acceptance and Changes to Terms
The Company shall have the right, in its sole discretion, to modify, add, or remove any terms or conditions of the Terms of Service without notice to you or liability. Any such changes to the Terms of Service shall be effective immediately following the posting of such changes on the Company’s website. You agree to review the Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to the Terms of Service shall constitute your acceptance of all such changes.
3. Access and Use of Services
To access the Services, you must be at least thirteen (13) years of age. To register for the Services and upload any material, such as user comments, to the Services (“User Generated Content”), you must be at least eighteen (18) years of age. The Company makes no claims that the Services can be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or countries or may require government authorization or registration. When you access the Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction.
4. Your Conduct
The Services may be used only for lawful purposes related to accessing video streams and associated media content. The Company specifically prohibits use of the Services for any purposes other than designated by the Company. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, by (a) accessing data not intended for your use or logging into a server or account you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with the provision of Services to or electronic communications with any user, host, or network, including by submitting a virus to the Services, overloading, flooding, spamming, spoofing, mailbombing, or crashing; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (e) scraping or harvesting data; or (f) using botnets to skew payouts. You are solely responsible for your conduct in the community forum in compliance with the following guidelines: (g) create a welcoming environment, (h) treat other users with respect, (i) demonstrate kindness, and (j) make other users feel safe. Bullying of any kind is prohibited; and degrading comments about race, religion, culture, sexual orientation, gender, identity, or related personal attributes of users will not be tolerated. Promotions of your own business and brands including but not limited to personal self-promotion, spam, and irrelevant links to third-party sites are not allowed. If you see anyone on the community forum experiencing harassment or inappropriate behavior, please notify a Company community administrator immediately. All contributions you make to the Services will be accessible to the public. As a registered member, you agree to follow the above community guidelines and acknowledge that by not abiding by these rules your account will be suspended or removed. Violations of system or network security or inappropriate conduct may result in civil and/or criminal liability. The Company will investigate occurrences that may constitute such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
5. User Information
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. To prevent someone else from accessing your personal content on the device that you are using to access the Services, it is important that you log out so no other individual will have access to your data. You agree to immediately notify the Company of any unauthorized use of your username and password.
7. Use of Services
The Services are offered only for accessing video streams and associated media content and are only a conduit for video streaming and related material. You are solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs. The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on the Company’s website and applications. If you elect to access any component of the Services for which a payment is required, you agree to pay all associated fees and charges applied to your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You agree to maintain valid credit card information as part of your account information when applicable.
8. Access to Services – Subscriptions & Purchases
The Services are generally available at no charge. The Services from time to time may also offer access to certain digital content on a membership, pay-per-view, purchase, rental, or subscription basis. The basis on which such optional content is being made available on the Services will be indicated on the associated product detail page from which you may purchase or rent this content. Subject to your payment of any applicable fee(s) for membership, pay-per-view, purchase, rental, or subscription access, the Company will grant you a non-exclusive, non-transferable, personal, non-sub licensable, limited right and license to view the optional video stream(s) based upon the applicable membership, pay-per-view, purchase, rental, or subscription selected by you. The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality of your video stream will be affected by many different variables, including but not limited to your location, connection and download speed, device and player capabilities, and bandwidth.
9. Payments & Billing
Terms of payment for digital content made available by means of membership, pay-per-view, purchase, rental, subscription, or other charge(s) or fee(s), will change from time to time at the sole discretion of the Company (“Payment Plans”). The Company makes no guarantee as to the availability of a specific Payment Plan. By purchasing or renting content under a Payment Plan, you expressly agree that the Company is authorized to charge the appropriate amount(s) to the selected means of payment that you designate (“Payment Method”). A receipt will be sent to your registered email account once the charge is successful. You may update or change your Payment Method at any time by logging into your video library and clicking the settings tab under your username. For membership and subscriptions, recurring charges will continue to be made unless and until you cancel your membership or subscription, or the Company terminates it. You must cancel your Payment Plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
10. User Comments and Suggestions
While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions (“Submissions”). If despite this request, you send creative ideas, inventions, or suggestions, all such Submissions shall become the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the Submission(s) and shall be entitled to unrestricted use of the Submission(s) for any purpose whatsoever, commercial, or otherwise, without compensation to you or any third party. No part of the Submissions shall be subject to any obligation of confidentiality and the Company shall not be liable for any use or disclosure.
11. Intellectual Property
AMERICA’S BOATING CHANNEL and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company; and any unauthorized use of such trademarks and trade names is prohibited. The Services (including without limitation all files, folders, programs, compiled binaries, interface layout, interface text, documentation, resources, video content, audio content, images, animations, and graphics) are the sole and exclusive property of the Company and are protected by copyright, trademark, and other intellectual property, common, and statutory laws of the United States and other countries. You agree that AMERICA’S BOATING CHANNEL owns and retains all rights to the Services and that the Services’ content is solely owned and controlled by the Company and/or respective third-party content providers who have provided their content to the Company for inclusion in the Services, and all such content is protected and copyrighted, trademarked, and protected by copyright, trademark, and other intellectual property, common, and statutory laws of the United States and other countries. You may not sell or modify the Services’ content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
12. Social Networking
You may be provided with options to access Facebook, Twitter, and/or other social media networks through the Services to share links and content. Complying with all the terms and conditions of the respective social media networks will be your sole responsibility if you undertake any of these option(s).
13. Use of Software
For the use of software, such as computer program(s) or application(s) included in the Services or provided by the Company for download, including any portions thereof, documentation, and updates (individually and collectively the “Software”), the Company will grant you a personal, limited, non-exclusive, and nontransferable license to use such software, only for the purposes related to video streaming and associated activities (the “License”). You shall not modify, alter, create derivative works, de-compile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose. You shall not copy, reproduce, transmit, rent, lease, resell, sub-license, assign, distribute, or otherwise transfer the Software or the License. The License does not allow you to use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time. You agree that the Software, including its specific design and structure, constitute proprietary and confidential information, trade secrets, and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets, or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets, or copyrighted material for your own benefit or for the benefit of any third party. You acknowledge and agree that use of the Software may require you to provide the Company with your mobile phone number, email address, and/or other related personal information in order to obtain access to the Software. You further agree that the Company may collect and use technical data and associated information that is gathered periodically to facilitate the provision of updates, product support, and other services. The Company may use this information provided it is in a form that does not personally identify you. The Company shall have the right in its sole discretion and with reasonable notice posted on this website, sent to your email address, and/or messaged to your mobile phone, to revise, automatically update, or otherwise modify the Software at any time. Your continued use of the Software constitutes acceptance of and agreement to such changes. Your License to the Software shall be effective until terminated by you or the Company and will terminate automatically without notice if you fail to comply with any terms of the License. Upon termination, you shall cease all use of the Software and delete all versions of the Software in your possession. The warranty and limitation of liability provisions set forth below also apply to the use of the Software.
14. Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing the Company’s designated copyright agent with the following information. You must include enough information to allow the Company to locate the material or activity: (a) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (b) a description of the copyrighted work you claim has been infringed; (c) a description of the activity that you claim to be infringing; (d) identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; (e) your name, address, telephone number, and e-mail address; (f) a statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law. If you believe in good faith that content has been removed as the result of a notice of copyright infringement that has been wrongly filed, you can send the Company a counter-notice that includes the following: (g) your name and address, and telephone number; (h) the source address of the removed content; (i) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; and (j) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the website may be found, and that you will accept service of process from the person who provided the original complaint. Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury. The Company has designated Sari Lafferty as its agent to receive notices of claims of copyright infringement. You can contact her at email@example.com.
15. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, INCLUDING USEFULNESS OR VALUE IN PROMOTING SAFE BOATING PRACTICES, OF ACCURACY, INCLUDING WITH RESPECT TO ADVERTISING AND SPONSOR MESSAGES PRESENTED WITHIN THE SERVICES, AND OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, INCLUDING WITH RESPECT TO ENHANCING OR IMPROVING BOATING SAFETY, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, INACCURATE INFORMATION, INCLUDING IN COMMERCIAL MESSAGES PRESENTED THEREIN, OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR THE SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THE COSTS ASSOCIATED WITH ANY BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, OR THE SERVICING OR REPLACING OF ANY EQUIPMENT, SOFTWARE, OR DATA. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, VALUE, OR TIMELINESS OF THE SERVICES OR ANY CONTENT ACCESSED THROUGH THE SERVICES INCLUDING THIRD-PARTY CONTENT, ADVERTISING AND SPONSOR SUPPLIED CONTENT, AND USER GENERATED CONTENT. THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE THAT USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT. THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION USERS HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF THEIR INFORMATION. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USERS UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, INCLUDING THIRD-PARTY CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES RELATED TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INACCURATE INFORMATION, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES.
16. Limitation of Liabilities
THE BOATING SAFETY AND BOATER EDUCATION MESSAGES CONTAINED IN THE SERVICES ARE BEING MADE AVAILABLE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. SUCH VIDEO CONTENT IS INTENDED TO ASSIST BOAT OPERATORS AND OTHER WATERCRAFT OPERATORS, PASSENGERS, AND OTHERS AS THEY STRIVE TO IMPROVE SECURITY AND SAFETY IN BOATING AND WATER SPORTS. THE COMPANY, ITS AFFILIATES, AND ITS THIRD-PARTY CONTENT PROVIDERS DO NOT MAKE ANY REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THIS VIDEO CONTENT. THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO ANY PARTY FOR ANY DIRECT, INDIRECT, IMPLIED, PUNITIVE, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF OR RELIANCE UPON THE VIDEO CONTENT, WHICH IS PROVIDED AS IS AND WITHOUT WARRANTIES. THE COMMERCIAL MESSAGES AND OTHER SPONSORED MATERIAL CONTAINED IN THE SERVICES ARE PRESENTED AS SUPPLIED BY THIRD PARTIES TO THE SERVICES, AND THE COMPANY TAKES NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION OR CLAIMS PUT FORTH IN SUCH ADVERTISING CONTENT. IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USERS UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY THIRD-PARTY CONTENT PROVIDERS, INCLUDING ADVERTISERS AND SPONSORS, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATED TO OR RESULTING FROM USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, PHYSICAL INJURIES, PROPERTY DAMAGE, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) A USER’S USE OF THE SERVICES INCLUDING RELIANCE ON INFORMATION PROVIDED IN THE SERVICES TO IMPACT ANY BEHAVIOR(S) RELATED TO BOATING; (II) ANY COMMERCIAL MESSAGES, SPONSORED MATERIAL, ADVERTISING, USER GENERATED CONTENT, OR COMMUNICATIONS, OR (III) A USER’S BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO AFFECTED USER(S) PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST AFFECTED USER(S), AT THEIR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
By using the Services, you consent to receive electronic communications from the Company. These communications will include emails and/or text messages about account, password, access, marketing, transactional, and other information related to the Services and to your account.
19. Additional Terms and Conditions
Reference in the Services to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the U.S. Coast Guard, which has funded the production of certain video content included in the Services. Nothing in this Agreement is intended to create or will be construed as creating a joint venture partnership, employer/employee or principal and agent relationship between you and the Company. The Terms of Service shall be governed by and construed in accordance with the laws of the state of North Carolina (the “State”), without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive authority of the courts located in the State in connection with any action arising out of or related to the Terms of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum, or non-convenience in any such action. If any court having competent authority holds any provision of the Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of the Terms of Service shall continue in full force and effect. The failure or delay of the Company to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect the Company’s right to later enforce or exercise it, unless the Company issues an express written waiver, signed by a duly authorized representative. You may not assign these Terms of Service or any of your rights or obligations hereunder. Except as expressly specified herein, these Terms of Service shall create rights and obligations only between the Company and each individual user and do not create any rights for any other parties.